Clagett v. Worthington
Court of Appeals of Maryland
This was an appeal from the court of chancery. On the 2nd July 1833, James A. Magruder, and Millicent, his wife, filed their petition on the equity side of Prince George's county court, having reference to the will of Wm.
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This was an appeal from the court of chancery. On the 2nd July 1833, James A. Magruder, and Millicent, his wife, filed their petition on the equity side of Prince George's county court, having reference to the will of Wm. Beanes, dated 24th September 1827, and the codicil thereto, dated 3rd July 1828, (a copy of the material parts of which will be found in the opinion of this court, post 89,) and alleging the death of the testator; John R. Magruder; Colmore Beanes, and Philip Key, without lawful issue; and also of the executors of said will, and praying the appointment of a trustee to make…
1Opinion of the CourtDorset, J.
The codicil to the last will and testament of William Beanes contains the following devises, viz: “Whereas, by my said .will, I do will and devise to John Read Magruder, my present .dwelling, and all the grounds, garden, buildings and enclosures attached thereto; also the mill, meadows, and all tire land attached to and adjoining the same, during the life of my brother, *89Colmare, in trust, to receive and apply tile profits thereof to his use and benefit: after his death, do will and devise the same to his grand-sou, Philip Key, in fee simple, reserving the grave yard in the garden, which is to…
2Cases cited2 opinions
- Newton v. GriffithCourt of Appeals of Maryland · 1827
- Johnson v. Negro LishCourt of Appeals of Maryland · 1819
3Cited by4 opinions
- Demill v. ReidCourt of Appeals of Maryland · 1889
- Thom v. ThomCourt of Appeals of Maryland · 1905
- Wollen v. FrickCourt of Appeals of Maryland · 1873
- Birckhead v. BirckheadBaltimore City Circuit Court · 1890